Archive Decision

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Ashburton TC 27 February 2011 – R 2 (instigating a protest) No 2

ID: JCA10484

Applicant:
NG McIntyre - Stipendiary Steward

Information Number:
13981

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulation

Meet Title:
Ashburton TC - 27 February 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PRosanowski

Race Date:
2011/02/27

Race Number:
R2

Decision:

The protest was upheld and CONTADOR was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:
1st 2 King Kenny
2nd 11 Fire in the Night
3rd 9 The Truth
4th 10 Sun of Mystery
5th 5 You’re My Angel

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 2, Ashburton Security Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre against CONTADOR (M Purdon), placed 5th by the judge, alleging that “from the 200 metres the horse has been in its incorrect gait for in excess of 50 metres”.

Rule 869 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.

Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).

Mr Purdon was present at the hearing of the information, representing the connections of CONTADOR.

Submissions for Decision:

Mr N M Ydgren, Stipendiary Steward, said that the Stewards were alleging that CONTADOR had been in its incorrect for a distance in excess of 50 metres in the final 200 metres of the race, in breach of the Regulation.

Mr S P Renault, Stipendiary Steward, showed a video replay of the final 200 metres of the race. He pointed out CONTADOR, driven by Mr Purdon, passing the 200 metres mark, go into a pace initially, and then gallop. The horse was not in its correct gait for a distance of approximately 80-100 metres, Mr Renault alleged.

Reasons for Decision:

Mr Purdon indicated that he did not contest the protest.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 05c053f5b51ea41235dce0809256fdb1


informantnumber: 13981


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/02/2011


hearing_title: Ashburton TC 27 February 2011 - R 2 (instigating a protest) No 2


charge:


facts:

Following the running of Race 2, Ashburton Security Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre against CONTADOR (M Purdon), placed 5th by the judge, alleging that “from the 200 metres the horse has been in its incorrect gait for in excess of 50 metres”.

Rule 869 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.

Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).

Mr Purdon was present at the hearing of the information, representing the connections of CONTADOR.


appealdecision:


isappeal:


submissionsfordecision:

Mr N M Ydgren, Stipendiary Steward, said that the Stewards were alleging that CONTADOR had been in its incorrect for a distance in excess of 50 metres in the final 200 metres of the race, in breach of the Regulation.

Mr S P Renault, Stipendiary Steward, showed a video replay of the final 200 metres of the race. He pointed out CONTADOR, driven by Mr Purdon, passing the 200 metres mark, go into a pace initially, and then gallop. The horse was not in its correct gait for a distance of approximately 80-100 metres, Mr Renault alleged.


reasonsfordecision:

Mr Purdon indicated that he did not contest the protest.


Decision:

The protest was upheld and CONTADOR was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:
1st 2 King Kenny
2nd 11 Fire in the Night
3rd 9 The Truth
4th 10 Sun of Mystery
5th 5 You’re My Angel

It was ordered that dividends and stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horses Regulation


Informant: NG McIntyre - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Purdon - Licensed Open Driver, Mr NM Ydgren - Stipendiary Steward, Mr S Renault - Stipendiary Steward


Respondent:


StipendSteward:


raceid: 6ba96fdc3b7dfebde3279718d10f225f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7db5c90276fc2332a792c23f1352e527


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/02/2011


meet_title: Ashburton TC - 27 February 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: PRosanowski


meet_pm2: none


name: Ashburton TC